RSA No.1555 of 1991

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

RSA No.1555 of 1991

Date of decision:05.02.2018

State of Punjab and others

... Appellants

Vs.

Bhag Singh (deceased through LRs) and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:-

Ms. Akanksha, AAG, State of Punjab

for the appellants.

Mr. Ashok Kumar Bazaz, Advocate

for the Municipal Corporation, Ludhiana.

Mr. M.L.Saggar, Senior Advocate with

Ms. Armaan Saggar, Advocate

for respondent No.2.

AMIT RAWAL J.

The appellants-State of Punjab are in Regular Second Appeal

against the judgment and decree dated 14.11.1986, whereby, the suit for

possession, mandatory and permanent injunction preferred by the

respondent-plaintiffs, has been decreed and appeal filed thereto, has been

dismissed, vide judgment and decree dated 11.01.1990.

Before I could advert to the arguments of learned counsel for

the parties, it would be in the fitness of things to give preface of the matter

for adjudication of the dispute.

Bhag Singh, Nohar Singh, Jagir Singh (since deceased),

Harbans Lal and Dharam Pal alleged to be resident of Dholewal, Tehsil and

Savita

2018.02.20 10:50

I attest to the accuracy and

integrity of this document

High Court Chandigarh

RSA No.1555 of 1991

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District Ludhiana in their representative capacity filed a suit seeking

following relief:-

“Suit for possession of land measuring 1 8-14 B, 16 B

comprised in khewat no.949, khatauni no.1344/4, khasra

nos.2345/422, situated in village Dholewal, Tehsil and District

Ludhiana and mentioned in the Jamabandi of the year 1969-70

and bounded as under:-

North :

Railway Line,

South:

G.T.Road

East:

Abdul Chani Dar Indian Oil Co.

West:

Balwant Kaur,

and also shown red in the plan attached and for mandatory

injunction directing the defendants not to change the user of

the land as cremation grounds in any way and in revenue the

super structures illegally constructed thereon and also for

permanent injunction restraining the defendants from

interfering in the use of the land as a cremation ground by the

plaintiffs and Hindu residents of village Dholewal and from

changing the use of this land in any way.”

on the premise that they being residents of village Dholewal and were

professing Hinduism. They and their ancestors had been cremating the

dead-bodies on the land in dispute from the time immemorial. Initially, the

proprietors of the village Dholewal reserved the land measuring 2B-3B-4B

comprised in khasra nos.422 and 2344/422 by dedicating the same for the

Savita

2018.02.20 10:50

I attest to the accuracy and

integrity of this document

High Court Chandigarh

RSA No.1555 of 1991

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purpose of cremation. In the revenue record, it was recorded as 'Marghat'

and in the column of possession as 'Ahle Hanood', whereas, in the column

of ownership, it was written as 'Shamlat Deh'. After the enactment of the

Punjab Village Common Land Regulation Act, 1961 (in short “1961 Act”),

it was reflected to be ownership of 'Gram Panchayat'. However, entry in the

column of possession remained the same. Village Dholewal came within the

municipal limits of Municipal Committee, Ludhiana. Out of the land

described above, PWD Department acquired 0B-8B-8B area for the

construction of a road and a separate khasra number was allotted to this

portion as khasra no.2344/422, whereas, the remaining land measuring 1B-

14B-16B continued to remain in possession of Hindu residents of village

Dholewal and was being used as cremation ground. However, a police post

was forcibly established in the room which had been reserved for storage

and keeping the ashes of the dead-bodied and other purposes.

Notice was served upon the defendants but they rather

constructed one room 30'x12' on the adjoining property in the illegal

possession of Balwant Kaur. They also demolished the Shiv Mandir. A

telegram was sent to the S.H.O, P.S. Division No